SRI LANKA: Three officers of the Department of Excise severely tortured and laid fabricated charges on an innocent man

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Dewasundaralage Thushar was illegally arrested, detained, brutally tortured and laid with fabricated charges. Thushara has been falsely charged with obstructing officers of the Department of Excise and having illegal liquor. The officers concerned asked Thushara to identify the person who was manufacturing illicit liquor and when he denied any knowledge of this the officer started beating him. He was detained in the Excise Department office in Puttalam where he was tortured and forced to place his fingerprints on cans and bottles of illicit liquor and then write and sign a statement incriminating himself. This case is yet another illustration of the exceptional collapse of the rule of law in the country.

CASE NARRATIVE:

Mr. Dewasundaralage Thushara (39) of No 67 Amakuliya, Madurankuliya, in the District of Puttlam was illegally arrested, detained, brutally tortured and laid with fabricated charges by officers of the Department of Excise. Thushara is married, and a farmer by profession.

On 20 March 2013, he went to the Welasiya Galrena Lake to go fishing and arrived at 5.30pm. He was approached by three Excise officers who asked him to help to identify some goods and people. These included two cans and four bottles of illicit liquor and some people who allegedly had been brewing the liquor. Thushara replied that he did not know the people and had never seen the liquor before the officers showed it to him.

Without warning or explanation they handcuffed Thushara and started beating him while repeatedly asking the same questions. Despite his shock and pain Thushara continued to deny any knowledge of what the officers were asking him. Then one of the three officers brought a black cable from the jeep in which they had arrived and beat him with it. Following that he was pushed into the vehicle.

Thushara pleaded with the officers not to beat him and told them that he had never committed any crime and had no knowledge of what they had asked him. They asked him about a person called “Kalu” whom Thushara did not know. Later, he was brought to the Madurankuliya area where he told his captors that he wanted to inform his family. He was able to tell his wife, Susila Chandrani Mallika what had happened and at that time the officers told his wife that they wanted to get a statement from him. They took him to the Excise Department of Puttlam where he remained handcuffed in the hall all night without food or water.

On 21 March 2013 at around 7.30 a.m. one of his friends, Priyantha, went to see him with some breakfast. While Thushara was eating the three officers returned mentioned earlier arrived and started questioning him again, beating him from time to time. By this time his wife had arrived and she witnessed the abuse. Then she pleaded with the officers not to beat him. At that time they threatened her and told them that Thushara should accept the charges or help them to find all the accused. Thushara replied, “Why should I accept those without doing any wrong things?” The officers were angry and told him that they knew how to handdle the case. Without giving him time to finish his food they took him to the rear area of the room and a few minutes later returned with a hose pipe with which they threatened to beat him. Then they tried to force him to write a letter but he refused to do so. One of the officers slapped his right ear and gave him a paper and pen and forced him to write a letter. He pleaded with them saying that he did not know to write so they wrote something and forced to him to copy it out. He complied out of fear and when he had finished signed the document.

Following this the officers brought 4 empty bottles to Thushara and forced him to put his finger prints on them. Thushar refused to touch the bottles and pleaded the officers not to put him into any further trouble but the officers threatened him with further torture. When Thushara refused to touch the bottles the officers forced his fingers on them. He then did so although it was entirely against his will.

At about 3.45 pm on 21 March 2013 he was taken to the Magistrate’s Court of Puttlam and a case was filed against him under the B/76251. He released on bail of Rs. 15,000.00/= and Rs. 5000/= surety but as the relevant office was closed he could not fullfil the bail conditions and was remanded in prison for another 5 days. He was finally released on bail on 25 March 2013.

Thushara was admitted to the Puttalam District Hospital for treatment as his condition worsened and was discharged on the afternoon of the 26th of March.

Thushara complained to the Inspector General of Police (IGP), National Police Commission (NPC), Attorney General (AG) and Sri Lanka Human Rights Commission (HRCSL), Deputy Inspector General of Police (DIG) North Western Province and requested an impartial and independent inquiry into the violation of his rights but until now none of these authorities have taken any action on his complaints. Thushara appeals for justice.

ADDITIONAL INFORMATION:

Illegal arrest, detention and torture by the authorities in Sri Lanka is commonplace and in numerous cases the only things that are changed are the identity of the victim, the offending officers and the location. The story however is always the same, persons in authority using their powers to violate the rights of innocent persons. It is a well established fact that the vast majority of the victims are from the poorer classes and this is no accident as the perpetrators, be they from the police, paramilitary or the ruling regime, believes that they will not have the wherewithal to challenge them in court.

SUGGESTED ACTION: 
Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations of illegal arrest, illegal detention, torturing and extra judicially killing a person by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of a state. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, please also request the NPC and the IGP to have a special investigation into the malpractices of the police officers for abusing the state officers’ powers.

Please note that the AHRC has also written a separate letter to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on this regard.

To support this case, please click here: SEND APPEAL LETTER